State ex rel. Utilities Commission v. Heater Utilities, Inc.

ARNOLD, Judge.

By this appeal, applicant Heater Utilities, Inc., presents two related questions for review:(1) Whether the Utilities Commission is required, under G.S. 62-133 (b) (1) and the state and federal constitutions, *407to include contributed plant in applicant’s fair value rate base; and(2) Whether the applicant is entitled, under G.S. 62-133 (b) (3) to have depreciation expense on contributed plant treated as an operating expense for ratemaking purposes.

G.S. 62-133 (b) (1) provides that in fixing rates the Commission sháll:

“Ascertain the fair value of the public utility’s property used…